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action adverse possession affirmed agreed agreement alleged amount appellant appellee application authority automobile bill cause charge Circuit Cite as 237 City Civil claim Company compensation condition considered constitute construction contention contract County damages decree deed defendant defendant's denied direct District duty easement effect entered error establish evidence facts failed filed finding follows further granted ground held holding injury instruction intent interest issue Judge judgment jury land lease March matter ment motion negligence notice operation opinion owner paid parties person petition plaintiff possession present proceeding proof purchase question reason record referred rendered respondent result reversed rule statute street sufficient suit sustained testified testimony Texas tion tract trial court truck trust verdict witness